CITY COUNCIL SPECIAL MEETING
Tuesday, May 29, 2012 6:00 P.M.
BrewerCity Hall Council Chambers
I.Call to Order. (Mayor Jerry Goss)
II.Roll Call. (City Clerk)
III.Pledge of Allegiance to the Flag of the United States of America.
(Mayor Goss)
B.Awards, Petitions and Public Comments.
1.Public Comments.
IV.Recess for Public Hearing.
1.FY2013 City and School Budget Informational Hearing.
V.Adjourn Public Hearing and Continue with Regular Meeting.
C.Consent Calendar.
1.(2012-A106)ORDER,Accept Donation to the BrewerParks and RecreationDepartment for the Afterschool Program. (Councilor O’Connell)
2.(2012-A107)ORDER,Issue Release Deed to Walter C. Schultz and
Carolyn M. Schultz, 765 North Main Street. (Councilor Verow)
3.(2012-A108)ORDER,Authorize Modification of CDBG Selling AgreementTerms for Property Located at 21 Fling Street (Councilor Doughty)
4.(2012-B024)RESOLVE,Amend the City’s Personnel Manual to Change
Article IV, Leaves of Absence, Section 5, Worker’s Compensation Leave. (Councilor Ferris)
D.Monthly Reports. (none)
E.Nominations, Appointments, Elections.(no items)
F.Unfinished Business.
1.(2012-B023)RESOLVE,Confirm the City Manager’s Appointment of
Dan Wellington as an Assistant Code Enforcement
Officer, Assistant Plumbing Inspector, Assistant
Electrical Inspector and AssistantBuilding
Inspector for the City of Brewer.
(Councilor Doughty)(tabled 5/1/12)
2.(2012-C004)Amend the Land Use Code, Chapter 24 of the Charter, Codes
And Ordinances of the City of Brewer to Change Property from
Professional Business District (PB) to General Business District
(GB) in the Area of Dirigo Drive , Green Point Road and Sparks
Avenue (City Tax Map 7, Lots7G, 7J, 16, 16B, 16C and also the
Parcel on Dirigo Drive Being a Portion of Book 7294, Page 333
Second Parcel[which is a triangle-shaped parcel abutting Tax
Map 7, Lot 7J]). (Councilor Verow) (posted 4/4/12)
City Council Agenda, May 29, 2012
Page 2
3.(2012-C006)Amend Chapter 5, Entitled “Assessor”, Article 2, The Board of
Assessment Review, Section 208-A, Item D, Role of the City Clerk, of the Charter, Codes and Ordinances of the City of Brewer.
(Councilor Verow)(posted 4/2/12)
4.(2012-C007)Amend Chapter 14, Entitled “CityCemeteries”, Section 103.2.
Clerk and Section 105 Superintendent of the Charter, Codes and
Ordinances of the City of Brewer. (Councilor Doughty)
(posted 4/2/12)
G.New Business.
1.(2012-C008)Amend the General Assistance Ordinance to Incorporate Changes
In Maximum Benefits. (Councilor Doughty)
2.(2012-C009)Amend Article VI, Section 6.8 (B) of the General Assistance Ordinance Adopted by the Municipal Officers in the City of Brewer to Incorporate the FY 2013 “Temporary” Housing
Assistance Limit. (Councilor Verow)
H.New Items with Leave of Council
I.ADJOURN.
I.Call to Order. (Mayor Jerry Goss)
II.Roll Call. (City Clerk)
III.Pledge of Allegiance to the Flag of the United States of America.
(Mayor Goss)
B.Awards, Petitions and Public Comments.
1.Public Comments.
ACTION: Don Rogers of Summit Road is here regarding the Water/Sewer Debt. Feels that he pays too much for his minimum use of water.
Councilor Ferris spoke concerning this and told the crowd that all users pay the minimum for debt, maintenance and other PUC required uses.
Rodney Butler, Water Dept Supt. spoke about the subject. Backflow valves and other unfunded mandates are being monitored but not yet enforced with fines or penalties. That may come in the near future.
IV.Recess for Public Hearing
ACTION: Mayor closed the regular meeting @ 6:12 p.m. and opened public hearing. Clerk called the roll. All present.
CITY OF BREWER
PUBLIC NOTICE
Notice is hereby given that the Brewer City Council will hold an informational public hearing on the FY13 City and School Budget on Tuesday, May 29, 2012 at 6:00 p.m. in the Council Chambers at Brewer City Hall, 80 No. Main Street, Brewer, Maine. The budget is available for review at the City Clerk’s Office and the Brewer Public Library.
Any person may attend this informational hearing and speak on this matter. Written comments may also be submitted. The deadline for submission of written comments is 4:00 p.m. on the date of the meeting. Written comments should be addressed to Brewer City Council, c/o City Clerk, 80 North Main Street, Brewer, Maine 04412.
Howard F. Kroll
City Clerk
Published May 21, 2012
f
1.FY2013 City and School Budget Informational Hearing.
Manager Bost, FD Fussell, Supt. Lee and BM Gardner presented their budgets.
Dr. Lee spoke first about the school’s budget- has cut 30 positions, FY 13 will use 1.8 million surplus to cover budget restraints,
Gardner- 50 % of the high school students are tuition students,
Requesting an additional $487,000 from the City
Councilor O’Connell- Dr. Lee we are spending 1.6% less?
Lee- no- we are operating at 1.6% less than State EPS desired rate,
Doughty- how many unions
Lee- Teachers, techs, non-teaching personnel, the other
Don Rogers, Summit Road, expectations of kids are too low and we are caukling them.
City Manager Bost spoke about the budget and the various highlights.
Councilor O’Connell mentioned that he is not happy about the milrate increase but is happy with the requirement to do it. It is time.
Councilor Doughty- great job by Karen, against the pay raises and the milrate increase,
Councilor Verow- budget provides for taxing fairly and equitable to all.
Councilor Goss- thanked each (the presenters) for the planning of this day, other communities have had increases of 5-8% for their budget or tax rate,
V.Adjourn Public Hearing and Continue with Regular Meeting.
ACTION: MAYOR CLOSED THE PUBLIC HEARING @ 7: 10P.M. AND OPENED UP REGULAR MEETING. All present.
C.Consent Calendar.
ACTION: CITY CLERK READ THE CONSENT CALENDAR. COUNCILOR VEROW MADE A MOTION THAT THE CONSENT CALENDAR BE APPROVED. MOTION SECONDED, MOTION APPROVED BY UNANIMOUS VOTE.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-A106May 29, 2012
TITLE:ORDER,ACCEPT DONATION TO THE BREWER PARKS AND
RECREATION DEPARTMENT FOR THE AFTERSCHOOL
PROGRAM.
filed May 23, 2012
by Kevin O’Connell
WHEREAS, the BrewerParks and Recreation Department has received a donation of $58.79 from Ruby Tuesday Restaurant for BrewerParks and Recreation Department’s Afterschool Program;
NOW, THEREFORE, BE IT ORDERED, that the City of Brewer, by vote of its City Council, herewith accepts this donation and directs that the donated funds be receipted to the Afterschool Program account (017123300324); and
AND FURTHER ORDERED, that the City Council herewith authorizes the appropriation and expenditure of these funds from account 0117121 506100 (Afterschool Program).
NOTE:The BrewerParks and Recreation Director sends a letter of acknowledgement and appreciation on behalf of the City Council to all those that donate to these programs.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-A107May 29, 2012
TITLE:ORDER,ISSUE RELEASE DEED TO WALTER C. SCHULTZ AND
CAROLYN M. SCHULTZ, 765 NORTH MAIN STREET.
filed May 23, 2012
by Arthur Verow
EMERGENCY PREAMBLE
WHEREAS, orders passed by the Brewer City Council do not become effective until five days after approval unless such orders contain emergency preambles; and
WHEREAS, it is imperative that release deed is recorded immediately as closing date on property falls within the five day period; and
WHEREAS, these facts create an emergency within the meaning of the Charter, Code and Ordinances of the City of Brewer and require that the following order become effective immediately upon its approval to protect the public health, common welfare and safety of the citizens of Brewer;
ORDERED, that a municipal release deed be issued to Walter C. Schultz and Carolyn M. Schultz releasing to them all rights, title and interest the City of Brewer may have acquired in the property on 765 North Main Street (City Tax Map 17, Lots48 and 49) by virtue of City of Brewer tax or sewer lines recorded in the Penobscot County Registry of Deeds in the following volumes and pages:
VolumePage
3395297
AND FURTHER ORDERED, that the City Manager, or his designee, is herewith authorized to execute the said municipal release deed on behalf of the City of Brewer, Maine.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-B024May 29, 2012
TITLE:RESOLVE,AMEND THE CITY’S PERSONNEL MANUAL TO
CHANGE ARTICLE IV, LEAVES OF ABSENCE,
SECTION 5,WORKER’S COMPENSATION LEAVE).
filed May 23, 2012
by Joseph Ferris
RESOLVED, that the City of Brewer Personnel Policy, adopted May 26, 2006, be amended by changing Article IV, Leaves of Absence, Section 5, Worker’s Compensation Leave to read as follows:
SECTION 5. WORKER'S COMPENSATION LEAVE.
Employees who sustain injury on the job and are eligible for workers' compensation benefits, shall not be paid sick leave and shall only receive the benefits allowed under the Workers’ Compensation Act, if their incapacity continues for more than fourteen (14) days. If the incapacity does not continue for more than fourteen (14) days, the employee may use sick leave to cover lost work time during the first seven- (7) days of incapacity.
Immediately after the occupational injury or illness, the employee is required to report to his/her supervisor or department head and ensure that a City of Brewer Occupational Illness and Injury Report and First Report of Injury are completed within 24 hours of the occupational injury or illness. The employee may be required to verify the illness or injury by a doctor's certificate presented to the city.
When receiving workers' compensation, the employee will continue to accrue seniority and, for a maximum of twelve (12) months, the city will pay its share of health insurance premiums for the employee in accordance with the terms of these policies. During said period, there shall be no additional accumulation of vacation, holiday or sick leave.
All categories of employees are eligible for benefits under the Workers' Compensation Act for personal injuries arising out of and in the course of employment or is disabled by occupational disease.
When an on-the-job accident occurs, the affected employee is to report it immediately to his or her immediate supervisor, who in turn, will send a written report to the Human Services’ City Manager’s Office where the claim will be processed. In addition, a photocopy should be forwarded to the Payroll clerk in the Finance office and the City Manager’s Office.
This section shall not apply to employees who are covered under a collective bargaining contract.
MOTION: MOVE THAT THE ORDER BE REMOVED FROM THE TABLE. SECOND THE
MOTION. MOVE THAT THE ORDER HAVE PASSAGE. SECOND THE MOTION.
MOVE THAT THE ORDER BE AMENDED BY STRIKING OUT THE WORDS
“AS AN INDEPENDENT CONTRACTOR” FROM THE FIRST LINE OF THE FIRST
PARAGRAPH OF THE ORDER. SECOND THE MOTION.
MOVE THAT THE ORDER HAVE PASSAGE, AS AMENDED. SECOND THE
MOTION.
D.Monthly Reports. (none)
E.Nominations, Appointments, Elections.(no items)
F.Unfinished Business.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-B023May 1, 2012
TITLE:RESOLVE,CONFIRM CITY MANAGER’S APPOINTMENT OF
DAN WELLINGTON AS AN ASSISTANT CODE
ENFORCEMENT OFFICER, ASSISTANT PLUMBING
INSPECTOR, ASSISTANT ELECTRICAL INSPECTOR
AND ASSISTANTBUILDING INSPECTOR FOR THE
CITY OF BREWER.
filed April 25, 2012
by Larry T. Doughty
WHEREAS, Dan Wellington has agreed to work as an independent contractor to help enforce the Codes and Ordinances of the City of Brewer, and as they relate to Code Enforcement, Plumbing Inspection, Electrical Inspection and Building Inspection; and
WHEREAS, he has all of the required approvals from the State of Maine to serve in said capacities; and
WHEREAS, the City Manager has appointed Dan Wellington to be an Assistant Code Enforcement Officer, Assistant Plumbing Inspector, Assistant Electrical Inspector and Assistant Building Inspector with full authority to carry out and to enforce the Codes and Ordinances of the City of Brewer, the laws of the State of Maine and applicable Federal law under the direction of the City of Brewer’s Code Enforcement Officer, Ben Breadmore, upon the date this resolve becomes effective until May 7, 2013;
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Brewer hereby confirms the City Manager’s appointment of Dan Wellington as Assistant Code Enforcement Officer, Assistant Plumbing Inspector, Assistant Electrical Inspector and Assistant Building Inspector with full and complete authority to enforce the Codes and Ordinances of the City of Brewer, the laws of the State of Maine and Federal law under the direction of the Code Enforcement Officer, Ben Breadmore, until May 7, 2013.
ACTION: COUNCILOR DOUGHTY MADE A MOTION THAT THE RESOLVE BE ADOPTED, MOTION SECONDED, MOTION APPROVED BY UNANIMOUS VOTE.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-C004April 3, 2012
TITLE:AMEND THE LAND USE CODE, CHAPTER 24, OF THE CHARTER,
CODES AND ORDINANCES OF THE CITY OF BREWER TO CHANGE
PROPERTY FROM PROFESSIONAL BUSINESS DISTRICT (PB) TO
GENERAL BUSINESS DISTRICT (GB) IN THE AREA OF DIRIGO
DRIVE, GREEN POINT ROAD AND SPARKS AVENUE (CITY TAX
MAP 7, LOTS 7G, 7J, 16, 16B, 16C AND ALSO THE PARCEL ON
DIRIGO DRIVE BEING A PORTION OF BOOK 7294, PAGE 333
SECOND PARCEL [WHICH IS A TRIANGLE-SHAPED PARCEL
ABUTTING TAX MAP 7, LOT 7J]).
filed March 28, 2012
by Arthur Verow
Be it ordained by the City of Brewer in City Council assembled that Chapter 24 of the Charter, Codes and Ordinances of the City of Brewer entitled “Land Use Code” of the City of Brewer, Maine be amended by changing property from Professional Business District (PB) to General Business District (GB) in the area of Dirigo Drive, Green Point Road and Sparks Avenue (City Tax Map 7, Lots 7G, 7J, 16, 16B, 16C and also the parcel on Dirigo Drive being a portion of Book 7294, Page 333 Second Parcel [which is a triangle-shaped parcel abutting Tax Map 7, Lot 7J.
ACTION: COUNCILOR VEROW MADE A MOTION THAT ONE COPY OF THE ORDINANCE AMENDMENT BE PLACED ON FILE WITH THE CITY CLERK. MOTION SECONDED, MOTION APPROVED BY UNANIMOUS VOTE.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-C006May 1, 2012
TITLE:AMEND CHAPTER 5, ENTITLED “ASSESSOR”, ARTICLE 2,
THE BOARD OF ASSESSMENT REVIEW, SECTION 208-A, ITEM D,
ROLE OF THE CITY CLERK, OF THE CHARTER, CODES AND
ORDINANCES OF THE CITY OF BREWER.
filed April 25 2012
by Arthur Verow
Be it ordained by the City Council of the City of Brewer in City Council assembled that Chapter 5 Entitled “Assessor”, Article 2,The Board of Assessment Review, Section 208-A, Item D, Role of the City Clerk, of the Charter, Codes and Ordinances of the City of Brewer be amended as follows:
ARTICLE 2. THE BOARD OF ASSESSMENT REVIEW.
SECTION 208-A. ROLE OF THE CITY CLERK.
The City Clerk shall have the following responsibilities in relation to the Board of Assessment Review; hereinafter referred to as the “Board”.
(d)Receive any material provided to the Board by the Applicant(s) and the City Assessor
and provide the material received to the members of the Board , as directed by its
Chairman and Vice Chairman prior to the hearing and the opposing Party. The pre-filing
of written evidence and documentation shall adhere to the following schedule:
1)The petitioner shall submit the petitioner’s written evidence and
documentation by not later than twenty (20) days prior to scheduled hearingon the abatement petition.
2)The Assessor shall submit the Assessor’s written evidence and
documentation by not later than ten (10) days prior to the scheduled hearing on the abatement petition. At the time of submission, the Assessor shall also forward a copy of the Assessor’s submissions to the petitioner or the petitioner’s agent.
3)The petitioner shall submit any additional written evidence and
documentation to respond to the written evidence and documentation submitted by the Assessor no later than five (5) days
prior to the scheduled hearing on the abatement petition.
2012-C006, page 2
4)At least five (5) days prior to the hearing, the City Clerk shall arrange for the delivery or mailing of copies of the pre-filed submissions to the members of the Board.
At the hearing, the parties may utilize presentation aids, such as charts, graphs, photographs, etc., but the parties may not submit additional written evidence or documentation.
ACTION: COUNCILOR VEROW MADE A MOTION THAT ONE COPY OF THE ORDINANCE AMENDMENT BE PLACED ON FILE WITH THE CITY CLERK. MOTION SECONDED, MOTION APPROVED BY UNANIMOUS VOTE.
CITY OF BREWER, MAINE
IN CITY COUNCIL ASSEMBLED
2012-C007May 1, 2012
TITLE:AMEND CHAPTER 14, ENTITLED “CITY CEMETERIES”,
SECTION 103.2 CLERK AND SECTION 105 SUPERINTENDENT
OF THE CHARTER, CODES AND ORDINANCES OF THE CITY OF BREWER.
filed April 25 2012
by Larry T. Doughty
Be it ordained by the City Council of the City of Brewer in City Council assembled that Chapter 14 Entitled “CityCemeteries”, Section 103.2 Clerk and Section 105 Superintendent, of the Charter, Codes and Ordinances of the City of Brewerbe amended as follows:
SECTION 103.2. CLERK. The Director of Human Services Parks and Recreationshall serve as Cemetery Clerk and shall perform duties such as keeping records of burials; process sale of lots; be custodian of cemetery records, which at all times shall be housed in the City Hallat theoffice of the Parks and Recreation Department; answer all cemetery related correspondence; and act as clerk for the Cemetery Board.
SECTION 105. SUPERINTENDENT. The Director of Parks, Conservation and Recreation shall appoint the Superintendent of Cemeteries. The general care and supervision of all the City Cemeteries is committed to and exercised by the Superintendent, who shall be responsible for the care of all cemetery grounds, including that of attending the burial of the dead, the digging of the graves and filling of same. The Superintendent shall be responsible for the care and maintenance of all lots, the hiring of personnel, the purchase of equipment and the care and maintenance of same, the locating of lots for various reasons including burials, monument location, genealogy searchers, lots left in estates, the planting of flowers and shrubs, maintenance of water systems, maintenance of flag poles and flying the flags at proper times, transporting manpower and equipment to the various Cemeteries and maintenance of buildings and the general appearance and care of the Cemeteries.
ACTION: COUNCILOR DOUGHTY MADE A MOTION THAT ONE COPY OF THE ORDINANCE AMENDMENT BE PLACED ON FILE WITH THE CITY CLERK. MOTION SECONDED, MOTION APPROVED BY UNANIMOUS VOTE.